Legal Opinion
Mershon Co. v. Pachmayr
California Court of Appeal
Decided December 1, 1948No. Civ. 16641PublishedCited by 7 opinions
1Opinion of the CourtMcCOMB, J.
From a judgment in favor of defendants after trial before the court without a jury in an action for: (1) an accounting, (2) damages based upon such accounting, and (3) an injunction against defendants to prohibit unfair competition, plaintiff appeals.
Facts
On June 24, 1936, defendant Frank A. Pachmayr sold his interest in the Frank A. Pachmayr Company to L. E. Mershon, plaintiff’s predecessor in interest. The contract of sale contained the following provision:
“First party or the Frank Pachmayr Gun Shop shall not directly or indirectly manufacture, advertise or sell any competitive articles or…
2Cases cited2 opinions
- Rosenfield v. VosperCalifornia Court of Appeal · 1948
- Art Metal Works, Inc. v. Cunningham Products Corp.New York Supreme Court · 1930
3Cited by7 opinions
- Logan v. ForsterCalifornia Court of Appeal · 1952
- Mershon Company v. Frank A. Pachmayr, and Frank A. Pachmayr, Doing Business Under the Fictitious Firm Name and Style of Pachmayr Gun WorksCourt of Appeals for the Ninth Circuit · 1955
- Luckhardt v. MooradianCalifornia Court of Appeal · 1949
- Horney v. HorneyCalifornia Court of Appeal · 1953
- Carlton v. CastranovaCalifornia Court of Appeal · 1961
2 more not listed; retrieve them via the Exa API.